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Promoting Women's Rights in Islamic Law in a Non-Muslim State - Israel
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2021
Summary
The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge—Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim—Israeli legislator in the divine family law, took it upon himself to initiate the reforms. As such, this experience is considered the world-wide pioneerand unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence—sharia' itself. This process was done in two tracks: first, decisions of the High Court of Appeals would be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha - the public interest - in various matters of Islamic law such as promoting women status, children's rights and the preservation of Islamic sites and cemeteries sanctity.
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Bibliographic data
Copyright year
2021
ISBN-Print
978-1-7936-4096-3
ISBN-Online
978-1-7936-4097-0
Publisher
Lexington, Lanham
Language
English
Pages
213
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Introduction No access Pages 1 - 4
1 The Extent of the Activities of the Sharʿi Court No access Pages 5 - 10
2 Methodology and Sources of Islamic Law No access Pages 11 - 16
3 Mechanisms for the Renewal of Islamic Law No access Pages 17 - 24
4 About Ijtihad No access Pages 25 - 34
5 Betrothal—Khiṭba No access Pages 35 - 54
6 Age of Marriage No access Pages 55 - 64
7 Age of Marriage by Law No access Pages 65 - 70
8 Marriage Registration No access Pages 71 - 78
9 Stipulations in Marriage Contract No access Pages 79 - 88
10 Filiation No access Pages 89 - 106
11 Maintenance No access Pages 107 - 114
12 Child Support No access Pages 115 - 126
13 Determining the Cost of Maintenance No access Pages 127 - 140
14 Divorce and Marriage Dissolution No access Pages 141 - 144
15 Triple Divorce in One Interval No access Pages 145 - 150
16 Arbitary Divorce No access Pages 151 - 156
17 Legal Dissolution—Discord—Nizāʿ Wa Shiqāq No access Pages 157 - 176
18 Dissolution of a Convict’s Wife’s Marriage No access Pages 177 - 182
Conclusion No access Pages 183 - 190
Bibliography No access Pages 191 - 202
Index No access Pages 203 - 212
About the Author No access Pages 213 - 213
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